Abstract

References (23)

Citations (2)

Using the URL or DOI link below will
ensure access to this page indefinitely

Based on your IP address, your paper is being delivered by:

New York, USA

Processing request.

Illinois, USA

Processing request.

Brussels, Belgium

Processing request.

Seoul, Korea

Processing request.

California, USA

Processing request.

If you have any problems downloading this paper,please click on another Download Location above, or view our FAQFile name: SSRN-id1595969. ; Size: 223K

You will receive a perfect bound, 8.5 x 11 inch, black and white printed copy of this PDF document with a glossy color cover. Currently shipping to U.S. addresses only. Your order will ship within 3 business days. For more details, view our FAQ.

Quantity:Total Price = $9.99 plus shipping (U.S. Only)

If you have any problems with this purchase, please contact us for assistance by email: Support@SSRN.com or by phone: 877-SSRNHelp (877 777 6435) in the United States, or +1 585 442 8170 outside of the United States. We are open Monday through Friday between the hours of 8:30AM and 6:00PM, United States Eastern.

When are Excessive Prices Unfair?

University of East Anglia - ESRC Centre for Competition Policy and School of Economics

March 2, 2010

CCP Working Paper 10/04

Abstract:

EU competition law prohibits the abuse of a dominant position. An example of abuse is the charging of unfair prices. This prohibition in Article 102TFEU has been used to sanction excessive prices that are ‘too high’. According to the ECJ in United Brands, a price is abusive if (i) the price-cost margin is excessive and (ii) the price is unfair compared to other prices. However, there is little guidance to determine whether a price is excessive and/or unfair. We consider whether the principle of dual entitlement, which is consistent with most people’s perceptions of when prices are unfair relative to others, can be used to define explicitly what constitutes an unfair price in terms of the second stage of the United Brands test. We show that in general this principle is in line with the goals of an effective prohibition of excessive pricing and develop a procedure that defines a price as unfair in terms of this principle. We also show that European competition law enforcers in their attempts to define prices as unfair relative to others have followed similar arguments as the procedure developed here. Therefore, this procedure could go some way to resolve one of a number of problems regarding the prohibition of excessive prices.